The anti-terror law of the Philippines is Republic Act No. 9372, entitled “Human Security Act of 2007.”
May digest its salient provisions, for purposes of legal research re: its long-term implications to the human rights movement in the country.
Section 3 defines the special crim of Terrorism, thus:
“ Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.”
Section 4 punishes the crime of Conspiracy to Commit Terrorism with forty (40) years of imprisonment. There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 and decide to commit the same.
Under Sec. 5 the punishment for an Accomplice is seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment, while under Sec. 6 the punishment for an Accessory is ten (10) years and one day to twelve (12) years of imprisonment.
Sec. 7 provides that the provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding, police or law enforcement officials may, upon a written order of the Court of Appeals, listen to, intercept and record any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.
Sec. 8 requires an ex parte written application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of the Act. The application will be subjected to examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that the crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be committed; (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c) that there is no other effective means readily available for acquiring such evidence.
Sec. 9 declares as classified information the records of the proceedings relative to the application ontemplated in Sec. 7 to 8 above; provided, that the person being surveilled has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written order.
Sec. 10 provides that the CA order of surveirllance under Sec. 7 to 9 shall only be effective for the length of time specified in the written order which shall not exceed a period of thirty (30) days from the date of receipt thereof by the applicant police or law enforcement official, subject to extension by the CA which shall not exceed thirty (30) days and only upon an ex parte application for extension or renewal filed by the original applicant upon authority in writing by the Anti-Terrorism Council.
The applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals within which to file the appropriate case before the Public Prosecutor’s Office for any violation of the Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the said person.
Sec. 11 provides that the tapes, discs, and recordings made pursuant to the authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team. Any person who removes, deletes, expunges incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six (6) years and one day to twelve (12) years of imprisonment.
Sec. 13 provides that the sealed envelope or package and the contents thereof, which are deposited with the Court of Appeals, are deemed as classified information, and the sealed envelope or package shall not be opened and its contents shall not be divulged or evidence unless authorized by written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice authority of the Anti-Terrorism Council to file the application with proper written notice the person subject of the surveillance.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment.
Sec. 15 imposes an exclusinary rule. All intercepted and recorded communications secured in violation of the provisions of the Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
Sec. 16 punishes a police or law enforcement personnel who, not being authorized to do so by the Court of Appeals, intercepts and records any communication a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism with imprisonement of (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding Section 13, the party aggrieved by the CA authorization shall be allowed access to the sealed envelope or package.
Sec. 17 provides that an organization organized for the purpose of engaging in terrorism shall, upon application of the Department of Justice before a competent Regional Trial Court, with due notice and opportunity to be heard given to the organization, association, or group of persons concerned, be declared as a terrorist and outlawed organization.
Sec. 18 provides that, notwithstanding Article 125 of the Revised Penal Code, any police or law enforcement personnel, who, having been authorized in writing by the Anti-Terrorism Council, has taken custody of a person charged with or suspected of the crime of terrorism shall deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the time he said person was apprehended and detained; provided, that the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act. In other words, there is a need for prior documented and authorized surveillance of communications and examination of bank accounts before arresting a suspect.
The law enforcement personnel shall, before detaining the suspect, present him before any judge of the place where the arrest took place. It shall be the duty of the judge to ascertain the identity of the law enforcement personnel and the person presented before him, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report to the proper court that has jurisdiction over the case of the person arrested.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the law enforcement personnel who fails to notify such judge.
Sec. 19 provides that in the event of an actual or imminent terrorist attack, suspects may not be detained for more than three (3) days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. The approval in writing of any of the said officials shall be secured by the law enforcement personnel concerned within five (5) days after the date of the detention of the persons concerned: Provided, however, That within three (3) days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately.
Sec. 20 imposes a penalty of ten (10) years and one day to twelve (12) years of imprisonment on a law enforcement personnel who has arrested and detained suspect and fails to deliver him to the proper judicial authority within the period of three (3) days. This is the general rule: 3 days.
The Rights of a Person Under Custodial Detention are covered by Sec. 21. The moment a suspect is arrested and detained, he shall be informed, by the arresting police officers of his or her right:
(a) to be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice.
If the person cannot afford the services of counsel of his or her choice, the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO).
It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance.
These rights cannot be waived except in writing and in the presence of the counsel of choice;
(b) informed of the cause of his detention in the presence of his legal counsel;
(c) allowed to communicate freely with his legal counsel and to confer with them at any time without restriction;
(d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them; and,
(e) allowed freely to avail of the service of a physician or physicians of choice.
Any law enforcement personnel who violates any of the aforesaid rights shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. (Sec. 22).
Unless the law enforcement personnel who violated the rights of a detainee is identified, the penalty shall be imposed on the police officer or head or leader of the law enforcement unit having custody of the detainee at the time the violation was done.
Sec. 23 provides that law enforcement custodial unit in whose care and control the suspect has been placed under custodial arrest and detention shall keep an official logbook, which is hereby declared as a public document and opened to inspection b the lawyer of the suspect or his family or relative by consanguinity or affinity within the fourth civil degree or his physician at any time of the day or night without any form of restriction. The logbook shall contain a clear and concise record of:
(a) the name, description, and address of the detained person; (b) the date and exact time of his initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians who examined him physically and medically; (d) the state of his health and physical condition at the time of his initial admission for custodial detention; (e) the date and time of each removal of the detained person from his cell for interrogation or for any purpose; (f) the date and time of his return to his cell; (g) the name and address of the physician or physicians who physically and medically examined him after each interrogation; (h) a summary of the physical and medical findings on the detained person after each of such interrogation; (i) the names and addresses of his family members and nearest relatives, if any and if available; (j) the names and addresses of persons who visit the detained person; (k) the date and time of each of such visits; (l) the date and time of each request of the detained person to communicate and confer with his legal counsel or counsels; (m) the date and time of each visit, and date and time of each departure of his legal counsel or counsels; and, (n) all other important events bearing on and all relevant details regarding the treatment of the detained person while under custodial arrest and detention.
The law enforcement custodial unit shall upon demand of the aforementioned lawyer or the family or relatives within the fourth civil degree of consanguinity or affinity of the person under custody or his physician issue a certified true copy of the entries of the logbook relative to the concerned detained person without delay or restriction or requiring any fees whatsoever including documentary stamp tax, notarial fees, and the like. This certified true copy may be attested by the person who has custody of the logbook or who allowed the party concerned to scrutinize it at the time the demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the above rule to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Sec. 24 provides that no threat, intimidation, or coercion, and no act which will inflict any form of physical pain or torment, or mental, moral, or psychological pressure, on the detained person, which shall vitiate his free-will, shall be employed in his investigation and interrogation; otherwise, the evidence obtained shall be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
Any person who uses threat, intimidation, or coercion, or who inflicts physical pain or torment, or mental, moral, or psychological pressure, which shall vitiate the free-will of a charged or suspected person under investigation and interrogation shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment. (Sec. 25).
When death or serious permanent disability occurs as a consequence of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20) years of imprisonment. (id.).
Sec. 26 provides that in cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.
He may also be placed under house arrest by order of the court at his or her usual place of residence.
While under house arrest, he may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.
Sec. 27 covers examinaton of bank accouns. It provides that the provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the Court of Appeals after satisfying themselves of the existence of probable cause in a hearing called for that purpose may authorize in writing any law enforcement officer duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution.
Sec. 28 provides that the written order of the Court of Appeals authorizing the examination of bank deposits shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of the Act and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association or group of persons, or (3) of any member of such organization, association, or group of persons.
Sec. 29 deems as classified information the written order granted by the Court of Appeals the original ex parte application, and the written authorizations of the Anti Terrorism Council; provided, that the person whose bank deposits, placements, trust accounts, assets, and records have been examined, frozen, sequestered and seized by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference.
Sec. 30 provides that the effectivity of the authorization issued by the Court of Appeals to examine and to freeze bank deposits, placements, trust accounts, assets, and records, or to gather information about the same, shall not exceed thirty (30) days from the date of receipt of the written order of the Court of Appeals by the applicant law enforcement official.
The Court of Appeals may extend or renew the said authorization for another period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period, provided that the Court of Appeals is satisfied that such extension or renewal is in the public interest, and provided further that the application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
The applicant law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of the Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records.
Sec. 31 provides that all information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and other documents obtained from the examination of the bank deposits, placements, trust accounts, assets and records be deposited with the Court of Appeals in a sealed envelope or package and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits, placements, trust accounts, assets and records.
Sec. 32 provides that the joint affidavit shall state:
(a) the identifying marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined; (b) the identity and address of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained; (c) the number of bank deposits, placements, trust accounts, assets, and records discovered, examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals; (f) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the examination of the said bank deposits, placements, trust accounts, assets and records, as well as the date of any extension or renewal of the original written authorization granted by the authorizing division of the Court of Appeals; and (g) that the items enumerated were all that were found in the bank or financial institution examined at the time of the completion of the examination.
The joint affidavit shall certify under oath that no duplicates or copies of the information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records have been made, or, if made, that all such duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and information obtained after examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever.
Any person who copies, removes, deletes, expunges incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six (6) years and one day to twelve (12) years of imprisonment.
Sec. 33 provides that the sealed envelope or package, which is deposited with the Court of Appeals, shall be deemed classified information and shall not be opened unless authorized in a written order of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice and upon showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in writing to the party concerned not later than three (3) days before the scheduled opening.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment.
Sec. 35 provides that information, data, excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records of which have been secured in violation of the provisions of the Act shall not be admissible as evidence in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
Sec. 36 provides that any person orlaw enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or financial institution without being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel, who maliciously obtained an authority from the Court of Appeals to examine the deposits, placements, trust accounts, assets, or records in a bank or financial institution; provided, that notwithstanding Section 33 of thr Act, the party aggrieved by such authorization shall upon motion duly filed be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization.
An employee, official, or a member of the board of directors of a bank or financial institution, who refuses to allow the examination of the deposits, placements, trust accounts, assets, and records when duly served with the written order of the Court of Appeals shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. (Sec. 37).
Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 shall constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment. (Sec. 38).
Sec. 39 provides that he deposits and their outstanding balances, placements, trust accounts, assets, and records in any bantk or financial institution, moneys, businesses, transportation and communication equipment, supplies and other implements, and property of whatever kind and nature shall be seized, sequestered, and frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State.
The accused or suspect may withdraw such sums as may be reasonably needed by the monthly needs of his family including the services of his counsel and his or her family’s medical needs upon approval of the court. He may also use any of his property that is under seizure or sequestration or frozen because upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the Court of Appeals to allow the accused to withdraw such sums from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for the regular sustenance of his or her family or to use any of his or her property that has been seized, sequestered or frozen for legitimate purposes while his or her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Sec. 40 provides that the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or financial institution for such person and the government during the pendency of the investigation or the trial of the person charged and their use or disposition while the case is pending shall be subject to the approval of the court before which the case or cases are pending.
If the person suspected of or charged with the crime of terrorism found to be innocent or is acquitted, the seizure, sequestration and freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating body or by the competent court, as the case may be, and his bank deposits, placements, trust accounts, assets and records shall be deemed released from such seizure, sequestration and freezing, and shall be restored to him without any delay by the bank or financial institution concerned without any further action on his part. The filing of any appeal on motion for reconsideration shall not stay the release of said funds from seizure, sequestration and freezing. (Sec. 41).
If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent trial court, his seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records shall be automatically forfeited in favor of the government.
Upon his acquittal or the dismissal of the charges against him, the amount of Five Hundred Thousand Pesos (P500,000.00) a day for the period in which his properties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken from the appropriations of the law enforcement agency that caused the filing of the enumerated charges against him.
Sec. 42 provides that any person who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records after the suspected person has been found innocent by the investigating body or after the case against him was dismissed or after he was acquitted by a competent court shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Any person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. (Sec. 43).
Sec. 44 provides that any public officer who has direct custody of a detained person and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six (6) years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.
The provisions of Republic Act No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No. 6981. (Sec. 45).
Sec. 46 provides imposes the penalty of ten (10) years and one day to twelve (12) years of imprisonment upon any person, law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under the Act.
The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing under the Act. (Sec. 47).
Sec. 48 provides that in cases of terrorism or conspiracy to commit terrorism, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial.
Sec. 49 provides that when a person has been prosecuted under a provision of the Act, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under ths Act.
Sec. 50 provides that upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five Hundred Thousand Pesos (P500,000.00) for every day that he has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation.
The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused.
The award shall also be released within fifteen (15) days from the date of the acquittal of the accused. It shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment.
The amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.
Sec. 51 provides that th or law enforcement officers to whom the name of a suspect in the crime of terrorism was first revealed shall record the real name and the specific address of the informant. The police or law enforcement officials concerned shall report the informant’s name and address to their superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within five (5) days after the suspect was placed under arrest or his properties were sequestered, seized or frozen.
The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed until after the proceedings against the suspect shall have been terminated.
Sec. 53 created the Anti-Terrorism Council. The members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its other members.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing in the Act shall be interpreted as to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority.
Per Sec. 54 the Council shall have the following functions:
1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism proscribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base information systems on terrorism, terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant to Republic Act No. 9160 otherwise known as the Anti-Money Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention, prosecution, and conviction of person or persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals and regional trial courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the regional trial court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.
Under Sec. 55, the Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of the Act; and shall have the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, accused of, or detained for the crime of terrorism or conspiracy to commit terrorism.
Sec. 57 provides: No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and unless his or her human rights, including the right against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice.
Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of the Act shall apply:
(1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government. (Sec. 58).
AJoint Oversight Committee to oversee the implementation of the Act was created under Sec. 59 thereof. The Oversight Committee shall be composed of five (5) members each from the Senate and the House in addition to the Chairs of the Committees of Public Order of both Houses who shall also Chair the Oversight Committee in the order specified herein. The membership of the Committee for every House shall at least have two (2) opposition or minority members. The Joint Oversight Committee shall have its own independent counsel.
Upon the expiration of one year after the Act was approved by the President, the Committee shall review the Act particularly the provisions that authorize the surveillance of suspects of or persons charged with the crime of terrorism. To that end, the Committee shall summon the police and law enforcement officers and the members of the Anti-Terrorism Council and require them to answer questions from the members of Congress and to submit a written report of the acts they have done in the implementation of the law including the manner in which the persons suspected of or charged with the crime of terrorism have been dealt with in their custody and from the date when the movements of the latter were subjected to surveillance and his or her correspondences, messages, conversations and the like were listened to or subjected to monitoring, recording and tapping.
After the special publication required under Sec. 60 the Act shall took effect two (2) months after the elections are held in May 2007. Thereafter, the provisions thereof shall be automatically suspended one month before and two months after the holding of any election.
Atty. Manuel J. Laserna Jr.
